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Vancouver Off-Topic / Current Events The off-topic forum for Vancouver, funnies, non-auto centered discussions, WORK SAFE. While the rules are more relaxed here, there are still rules. Please refer to sticky thread in this forum.

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Old 10-18-2012, 11:01 PM   #101
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Old 10-18-2012, 11:30 PM   #102
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Old 10-21-2012, 02:07 AM   #103
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Hey everyone, I'm super new to this website don't know if i'm posting this in the right place and what not; but i have a very IMPORTANT QUESTION to ask you guys.So... About the summertime of last year, i went to the states for a huge convention my business was hosting, and it took awhile while i got across the border :s. So when I was up to talk to the border crossing guard, the guard asked me all the normal questions and i stumbled on the one "why are you going to the states?". I started off saying that i'm going for a convention that my company is hosting and so on. AND THEN, LONG STORY SHORT, for some reason, i said that "i was getting paid while I was the convention" (FOR NO REASON I LIED TO THEM). It wasn't too long before he told me that "i wasn't allow to do that (get paid in the states). After a 2 hr waiting and questioning they let me go on to the convention. Although I admitted that it was all my fault I'm just super worried about my future situations when I have to cross the us-canada border.

NOW, its been just over a year and I have yet to go back to the states because i'm scared that they will give me a hard time. I was contemplating If I should just try crossing the border by myself to see if they will give me a hard time or not OR if i should just wait until the next i go with my friends and see if I get into a hard time then???

Do you guys have any suggestions what I should do???
what you should say next time if it comes up again. Your getting paid by your employer in Canada to attend the convention in the usa.
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Old 10-23-2012, 10:59 AM   #104
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Originally Posted by InvisibleSoul View Post
Let's get your terms in order, so that you don't fumble your words when you get questioned.

Arrested - Being detained by an officer
Charged - Actually having charges laid against you
Convicted - Actually being convicted of a charge

So were you charged with trafficking, but not convicted? Or were you just arrested, but got let off without being charged?

If you were not charged, almost for sure the US border agent will not have a record of the incident.

If you were charged, not sure whether they have a record of it.

If you were convicted, then you're probably not getting through the border.

When I meant "accused" I meant accused for trafficking, so I was arrested, then charged, then police dropped the charges and I got everything they took back (phone, money, etc)
just like my youth charges, I got arrested, charged, then dropped twice. That was awhile ago so I'm pretty sure it's not in the system.
Not sure if the trafficking charge is the system, either way doesn't really matter to me since I'm not convicted for anything

ruthless answered most my question, I'm going head over there this weekend to fill up, I'll post what happens

thanks for the answers guys
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Last edited by Happy; 10-23-2012 at 11:04 AM.
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Old 10-23-2012, 06:46 PM   #105
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If you were arrested but never charged, your name is entered into CPIC
If you were charged, your name is file is entered into Justin. It doesn't matter if you were found guilty, not guilty, or charges were dropped.

Yes, the US Homeland security does have access to CPIC and Justin but whether or not they are able to use these systems is another story.

Happy, when you try to enter the US and the border guard ask you if you have been arrested before, you have 2 choices. Tell the truth and say yes and you will be sent in for secondary interview. Or lie and say no and hope the guard doesn't run your name in the system. If you lie and get caught, you can be in a whole heap of trouble for lying.

If you told the truth, you will be sent in for secondary interview and they will ask you lots of questions about what happened. From there, you may or may not be allowed into the US. If you are not allowed into the US, then you will be flagged in their system and will require a lot of work to be allowed back into the US.
It is in your best interest to go back to the court house that you were charged at and ask them for the details from your file. With it, the officers at the border can review the info before deciding if you are allowed into the US or not.

If you are denied entry into the US, you will have to apply for the i192 waiver before trying to enter the US again.

Last edited by SumAznGuy; 10-23-2012 at 07:53 PM.
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Old 10-24-2012, 08:19 AM   #106
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Are you 100% certain that just being arrested will get you on CPIC, and that the US border guards have access to that information?

I mean, what if it was a completely baseless arrest or arresting the wrong individual?
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Old 10-24-2012, 08:26 AM   #107
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Quote:
Originally Posted by InvisibleSoul View Post
Are you 100% certain that just being arrested will get you on CPIC, and that the US border guards have access to that information?

I mean, what if it was a completely baseless arrest or arresting the wrong individual?
Yes, I am positive.

Once you are in CPIC, you are "known" to the police.
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Old 10-24-2012, 08:37 AM   #108
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Quote:
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Yes, I am positive.

Once you are in CPIC, you are "known" to the police.
But is every single arrest recorded in CPIC, or is it under the discretion of the officer to actually enter the information in?
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Old 10-24-2012, 09:49 AM   #109
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But is every single arrest recorded in CPIC, or is it under the discretion of the officer to actually enter the information in?
They are supposed to enter every arrest into CPIC since CPIC is shared across Canada.
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Old 10-24-2012, 11:59 AM   #110
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what about juvenile records? or voluntary arrest aka turning yourself in
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Old 10-24-2012, 07:34 PM   #111
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I don't get it. Why don't you guys just cross the border and find out? Only CBSA agents are qualified to answer your questions, and anything said here is just conjecture.
If you aren't smuggling anything and declare it all, you have nothing to worry about if they search you. If you find out that they're searching you all the time, then you have one of two options:
1. Suck it up
2. Don't go to the states

And yes the agents do stereotype. If you look, dress, and talk like a punk, you better bring some lube because they're going to search every hole in your body for drugs.

If you dress respectably and are polite, most of the time they just ask you two questions and wave you through. I have never ever been asked whether I've been arrested. So if you're being asked those questions, you may have to review your dress attire and attitude.
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Old 10-24-2012, 08:11 PM   #112
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Quote:
Originally Posted by SumAznGuy View Post
Yes, I am positive.

Once you are in CPIC, you are "known" to the police.
no. CPIC is mostly charges, convictions, warrants, conditions, etc. IIRC.
the wiki entry is correct: Canadian Police Information Centre - Wikipedia, the free encyclopedia
it does NOT contain arrests (eg: you were arrested but not charged).

see also: http://www.thestar.com/specialsectio...how-cpic-works

JUSTIN, for those of you that don't know, is our court database section. information accessible there would be charged individuals, type of offences, court file numbers, police file numbers, appearances and reasons, results and sentencing, and any ban details.

More information is stored in local police databases like PRIME. obviously the above in addition to arrests, street checks, tickets, etc. as well as non-adverse role codes (like being a victim, complainant, witness, etc).

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what about juvenile records? or voluntary arrest aka turning yourself in
youth records are held under the youth criminal justice act. if you were sent to youth court for a crime and you repeat that same crime within a stated period of time into your adulthood, your sealed record (note i say sealed, not purged - nothing is EVER purged really - the difference is the access period of your record) would be opened up as if you had been an adult.

as for a voluntary arrest, i'm not quite sure what difference that makes. it's whether or not you were charged.

as an aside, sometimes it's good to be charged because there is the records suspension process (previously known as "pardons") that can, if you're successful, sweep your record under the carpet during a police information check (a record check for employment, etc). if you're just arrested and the police just keep you on as a suspect on their database for that assault, that could make your life miserable down the road when it comes to those police information checks that every employer seems to want their potential employees to do as there is no way to "hide" that record like a record suspension can were you charged. also, note the name change of the process - from "pardon" to "record suspension" - read into that how you may.

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Originally Posted by Happy View Post
When I meant "accused" I meant accused for trafficking, so I was arrested, then charged, then police dropped the charges and I got everything they took back (phone, money, etc)
just like my youth charges, I got arrested, charged, then dropped twice. That was awhile ago so I'm pretty sure it's not in the system.
Not sure if the trafficking charge is the system, either way doesn't really matter to me since I'm not convicted for anything

ruthless answered most my question, I'm going head over there this weekend to fill up, I'll post what happens

thanks for the answers guys
which brings me to the OP. the trafficking charge is probably on CPIC under Level II access. US customs would have access to CPIC via NCIC. your youth records, depending on what the youth charges were for, might or might not be open. If you were charged for trafficking as a youth twice and then charged as an adult for trafficking, all three charges might be open for access.

And remember, the record suspension process only applies in Canada. If the US government gets that information before you have that record removed from CPIC, they'll have that information and will probably keep it forever even if you do eventually get a record suspension.
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Old 10-25-2012, 10:42 AM   #113
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I would just like to chime in and say the following with regards to youth records...

I had a mixed up youth (who didn't lol).. if I'm not mistaken you basically need a three year period with no convictions in order to have your record "sealed".. though I could swear the writing in the youth criminal justice act said "sealed and destroyed".

By three year period what I mean is this; say you got arrested xx crime and were sentenced to 1 year in jail followed by one year of probation and 5000$ in fines. The three year period starts after you have met all of the conditions of your sentence, so until you do your time, complete probation, and pay fine.. the clock does not start ticking down. Once you have met all of the conditions, if you can make it three years without being convicted of an offense, the youth criminal act states that your youth record will be sealed - and as I said above.. destroyed if I'm not mistaken. Even if they don't destroy it, they can never actually use it against you in a court of law if you met the conditions I listed above. (Again.. if I'm not mistaken)

Now having said all that, even after my childhood issues ended and I transitioned into adulthood, I certainly fell into the "known to police" category due to some of the people I surrounded myself with. On one occasions I was even casually questioned over the phone and the police requested that I provide a statement - I never did provide a statement. I believe the police were after something and simply hoping I was stupid enough to give them the answers they couldn't figure out themselves.

Fast forward to me crossing the border, I have crossed dozens of times and never had a single issue. Note that I was never charged as an adult, never convicted, and did meet the three year "good behavior" requirement to have my record sealed.

Oddly though, just about every time I have ever crossed the border.. thay ask me if I have ever been to Portland.. There must be some psycho from Portland with the same name as me...

To add another twist to this, in 2007 I was driving a freshly purchased STI back from LA and got arrested for dangerous driving in NORCAL. After a couple hours I was released on a promise to appear, drove non stop to WA and only a few minutes from the my rest stop, I got a gnarly speeding ticket worth 500$ - rough day. I did get a lawyer for the Cali case, guilty plea deal w/ a big fine took care of that, the WA ticket I didin't pay until 2011. Neither of these instances created any border issues for me
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Old 10-25-2012, 12:24 PM   #114
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Old 10-25-2012, 01:41 PM   #115
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if I'm not mistaken you basically need a three year period with no convictions in order to have your record "sealed".. though I could swear the writing in the youth criminal justice act said "sealed and destroyed".
They recently changed it to 5 years for adults with conditional discharges. Not sure if the same 5 years applies to youth.

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no. CPIC is mostly charges, convictions, warrants, conditions, etc. IIRC.
the wiki entry is correct: Canadian Police Information Centre - Wikipedia, the free encyclopedia
it does NOT contain arrests (eg: you were arrested but not charged).

see also: How CPIC works - thestar.com

JUSTIN, for those of you that don't know, is our court database section. information accessible there would be charged individuals, type of offences, court file numbers, police file numbers, appearances and reasons, results and sentencing, and any ban details.

More information is stored in local police databases like PRIME. obviously the above in addition to arrests, street checks, tickets, etc. as well as non-adverse role codes (like being a victim, complainant, witness, etc).
Good to know. I know CPIC is private and not open to the public, but was told by many people in the court houses that it was. Maybe they mistook PRIME with CPIC.

JUSTIN is open to the public. There are public terminals at the court houses where people can look things up. They use to have huge binders with computer print outs of the names and file numbers.
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Old 10-26-2012, 10:05 AM   #116
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They recently changed it to 5 years for adults with conditional discharges. Not sure if the same 5 years applies to youth.
sections 119 to 125+ of the YCJA lays out who may access your youth information and what the access periods are.
CanLII - Youth Criminal Justice Act, SC 2002, c 1
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Good to know. I know CPIC is private and not open to the public, but was told by many people in the court houses that it was. Maybe they mistook PRIME with CPIC.

JUSTIN is open to the public. There are public terminals at the court houses where people can look things up. They use to have huge binders with computer print outs of the names and file numbers.
both PRIME and CPIC are not publicly accessible. however, like i mentioned in a previous post, you may make an FOI or ATIP request to each and every municipal police department and RCMP detachment you've ever had contact with to get 'all' the information on PRIME they have on you. obviously if you're a suspect in an ongoing investigation or if you're linked with organized crime, etc, you won't get all that sensitive information.

as for JUSTIN, there are obviously different levels of access. the public access you have at the courthouse gets you less information than the access police have. you'd get name, year of birth, charge, appearances, plea, verdict, and sentences.
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